The battle for hearts and minds

Cuomo facing convergence of lobby, public relations firms

By JIMMY VIELKIND Capitol bureau

Published
6:00 am EST, Monday, January 3, 2011

Lobbying firms are expanding their roles beyond the corridors of the Capitol by establishing public relations and communications divisions to work their issues directly to the public through television ads, rallies, radio, print and the Internet. (Times Union archive) less

Lobbying firms are expanding their roles beyond the corridors of the Capitol by establishing public relations and communications divisions to work their issues directly to the public through television ads, ... more

Photo: MICHAEL P. Farrell

Photo: MICHAEL P. Farrell

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Lobbying firms are expanding their roles beyond the corridors of the Capitol by establishing public relations and communications divisions to work their issues directly to the public through television ads, rallies, radio, print and the Internet. (Times Union archive) less

Lobbying firms are expanding their roles beyond the corridors of the Capitol by establishing public relations and communications divisions to work their issues directly to the public through television ads, ... more

Photo: MICHAEL P. Farrell

The battle for hearts and minds

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A decade ago, you'd never expect to see a piece of legislation being pushed with election-season media tactics. But the strategy has become so common -- in fights over health care and education funding, a tax on sugared beverages, and wine sales in liquor stores -- that even before taking office Gov. Andrew Cuomo began shifting the gubernatorial playbook to match it.

Over the past several years, many of the city's most prominent lobbying firms have added or expanded public relations and communications divisions, and the new governor will utilize his $5 million war chest to respond in kind.

"The notion that government is influenced by people smoking cigars in back rooms is a joke, a caricature," said Darren Dopp, who in 2007 started the communications arm of the lobbying firm Patricia Lynch Associates. "What really turns public policy debates is a compelling communications campaign. And as part of such a campaign, you need careful analysis, polling and coalition building."

The 1999 fight over the Health Care Reform Act is considered the first case study. Hospital owners and their unionized workers were facing a governor ready to gut a bill that controlled the lifeblood of their existence -- state funding -- and formed an unprecedented alliance to fight back.

In addition to the usual convincing, cajoling and occasional arm-twisting of legislators, the "health care education project" used the same tactics it did in electoral campaigns: Blistering television advertisements; letter writing; rallies.

"I think everyone was pleasantly surprised to see the level of interest in creating health insurance for a group of New Yorkers," said Jennifer Cunningham, then the political director for SEIU 1199, which represents hospital workers. "It had been a positive experience, I think, for everybody. It was a way to build a relationship with New Yorkers beyond the confines of the union membership. It seemed to be a very good model."

What the public thinks of as public relations -- "public affairs" is the preferred industry term -- has exploded. Firms specializing in the field offer to do everything from calling journalists and brokering meetings with editorial boards to placing paid advertisements in print, radio, television and on the Internet.

The rise of social media has added a new dimension, as Facebook and Twitter allow instant mobilization and engagement around the issues.

"We are seeing increasing numbers of organizations, for-profit and not-for-profit, who are expending their resources on communicating in ways that even three years ago weren't even thought of," said Sean Casey, who manages the Albany office of Eric Mower and Associates. "There is so much information out there, so many issues are so very complex, that it creates amazing challenges for organizations."

For example, Dopp said Patricia Lynch Associates now has about a dozen communications clients. PLA has been involved in lobbying for same-sex marriage and against the soda tax. Since its 2001 founding, the firm has risen to become the second-largest-grossing firm in town. (In December, the firm paid a $500,000 fine to settle matters related to Cuomo's investigation of the state pension fund.)

Other traditional lobbying firms have acquired public relations arms. Empire Public Affairs, a partnership of Kyle Kotary and Tom Nardacci, formed an "affiliated partnership" with Marsh, Wassermann & McHugh. In 2008, Hinman Straub Advisors acquired Carr Public Affairs.

The trend also runs in the other direction, as traditional public relations firms branch into lobbying. DKC Communications, a Manhattan-based firm founded by Dan Klores, opened a lobbying business in the fall of 2009, when it poached Allison Lee from Lynch's firm. The move allows DKC to offer its clients -- many of whom found their needs stretching into lobbying -- a broader array of services.

How will this suit a new Capitol order created by a new administration? Probably well, considering Gov. Andrew Cuomo's expressed desire to go directly to the people, hoping to pressure legislators and others to support his agenda.

Win the minds of constituents, Cuomo has said, and like "weathervanes" the elected officials will follow.

He has pledged to use the money remaining in his campaign account -- nearly $5 million as of Nov. 29 -- to support his agenda, and tacitly support a new coalition, the Committee to Save New York, consisting of business and real estate interests as well as a labor council.

That group is seeking to raise several million dollars more, one of its members said, and has hired DKC and John Marino -- a chairman of the New York Democratic State Committee under Gov. Mario M. Cuomo and a longtime adviser to the new governor -- to push for fiscally responsible policies.

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"Cuomo's actions underscore an acknowledgement of how these battles are playing out across the country -- this isn't about rolling the Legislature. It's about persuading the public to your side. He has to figure out how to do this differently than governors who have come before him," said Berlin. "Cuomo's side and all sides in the upcoming budget debate will be making their case to the public, using every tool they have -- running ads, generating stories and blog hits, mobilizing their constituencies, engaging voters. It's the reality of doing these fights now."

But the public affairs practitioners acknowledge a need to play the inside game as well, especially given the expanded presence of New York's government.

"The future of lobbying will really be in its past: traditionally, getting well-trained, articulate professionals to provide advocacy inside the governmental structure, which is a structure they know better than the average person," said James Featherstonhaugh, known in lobbying circles as "Feathers" and an unabashed professor of the old school. "You can mobilize public support with 30-second ads, but you cannot, with any kind of intellectual honesty, really explore issues in a substantive way."